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The petitioner argued that a new trend involving the use of light laser beams, which are dangerous to human eyes, had emerged during the recent Ganesh Festival.
The Bombay High Court on Tuesday disposed of a Public Interest Litigation (PIL) that sought a total ban on the sale, lease, import, and use of loudspeakers and sound systems emitting noise levels exceeding the permissible limits specified under the Noise Pollution (Regulation and Control) Rules, 2000, during festivals.
The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was hearing the PIL filed by Akhil Bharatiya Grahak Panchayat, a social service organization known for its tireless efforts in addressing issues concerning consumer rights, public awareness of laws, equitable water supply, and the protection and overall improvement of civic amenities across the country.
The petitioner relied on a report published by the College of Engineering, Pune, which analyzed noise pollution levels during the 2023 Ganesh Festival and found that the levels in Pune had reached hazardous levels.
The prescribed norms for residential areas are 55 decibels during the day and 45 decibels at night.
However, during the 2023 Ganesh Festival, the average noise pollution level in the residential areas of Pune City from 4:00 a.m. until midnight was approximately 101.3 decibels.
Furthermore, the petitioner argued that a new trend involving the use of light laser beams, which are dangerous to human eyes, had emerged during the recent Ganesh Festival.
It was alleged that several individuals have permanently lost their eyesight due to exposure to these light laser beams.
Additionally, commercial establishments in the Pune District continue to use sound systems that emit dangerously high levels of noise, infringing on the residents' right to sleep in nearby residential zones.
The petitioner asserted that the authorities responsible for enforcement have failed in their duty to curb violations of noise pollution in the State of Maharashtra.
Responding to the petitioners arguments regarding non implementation of court's judgement the court said, "The petitioner cannot seek a writ of mandamus to initiate an unfocused and speculative inquiry into whether there has been violation of the directions issued by this Court without presenting prima facie evidence of such violation as mentioned in paragraph 102 of the said judgment," the court said.
With respect to the use of laser beams the bench said that absence of any specific legislation or regulation governing the light laser beams, the petitioner would be at liberty to submit a detailed representation to the appropriate authority of the State Government, requesting immediate measures to regulate the use of light laser beams in public spaces, public gatherings, and events.
Furthermore, the bench said it shall be open for the petitioner to bring to the notice of the Police Authorities the applicability of Section 125 or any other relevant provision of the Bhartiya Nyaya Sanhita, 2023, if the facts justify filing such a complaint.
Case title: Akhil Bharatiya Grahak Panchayat vs State of Maharashtra
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